This alert has been updated to reflect the fact that Maine’s PFML law has been signed by the governor.

Maine is the latest state to enact a paid family and medical leave (PFML) law, offering one of the most generous PFML programs in the country. Maine’s PFML law, which was signed into law on July 11, 2023, provides eligible employees up to 12 weeks of paid leave per year. The law applies to essentially all public and private employees in the state of Maine, with the exception of federal employees.

Benefits and Eligibility

• In order to be eligible for benefits, employees will have to have earned at least six times the state’s average weekly wage (AWW) in the four calendar quarters immediately preceding commencement of leave.
• Employees will be eligible for up to 12 weeks of paid leave per year.
• Employees are eligible for PFML benefits upon commencement of employment. However, in order for leave to be job-protected, employees must have been employed for 120 days prior to taking leave.
• PFML leave will not be limited to caring for the needs of the employee or employee’s biological or legal family member; leave may also be taken to care for anyone with whom the employee has “a significant personal bond…regardless of biological or legal relationship.”
• Covered reasons for leave include:
  • Employee’s own serious health condition
  • Bonding with a child during the 12 months following birth or placement with the employee
  • Care of a family member (or other close induvial as described above) with a serious health condition
  • Qualifying exigency related to military deployment, or care of a covered service member
  • Safe leave
  • Organ donation
• The law applies a definition of “serious health condition” that is broader than that used under the state’s existing Family Medical Leave Requirements law, explicitly including pregnancy and recovery from childbirth.
• Pay for PFML leave will be calculated as a percentage of the state’s average weekly wage (AWW), which is currently $1,036. The PFML program will replace 90% of the employee’s pay that is less than or equal to 50% of the AWW and 66% of pay that is greater than 50% of the AWW, up to an amount equal to the AWW.
• Eligible employees may take up to 12 weeks of family leave and up to 12 weeks of medical leave in a calendar year, with an overall limit of 12 weeks of leave per year in aggregate.

Administration

• Maine’s Department of Labor will administer the PFML program, with contributions beginning January 1, 2025 and benefits available beginning May 1, 2026. Program oversight will be provided by a 13-member advisory board appointed by the governor.
• The PFML program will be funded by payroll contributions in the amount of 1% of employees’ wages, in most cases split evenly between the employer and employee (each contributing 0.5% of employees’ wages). Employers with 15 or fewer employees will not be required to contribute, although they must collect and remit the employee portion of the contribution.
• PFML benefits will not be subject to state income tax.
• Employers with private leave plans that are equally or more generous than the state’s PFML program, with an equal or lower employee cost, may be able to opt out of the state-administered program, subject to additional requirements and state approval.
• Leave may be taken intermittently in increments of 8 hours, or fewer if agreed upon by both the employee and the employer.
• While employees who have been employed for fewer than 120 days prior to taking leave will not receive the same job protections as those who have been employed more than 120 days, the law includes an anti-retaliation provision that may limit employers’ ability to terminate or alter the job assignments of employees who have taken leave within the first 120 days of employment.
• The PFML law includes an employer notice and posting requirement.
• Employees will be required to give “reasonable notice” of their intent to take PFML leave.